To be a newspaper of general circulation, it is enough that "it is

published for the dissemination of local news and general

information; that it has a bona fide subscription list of paying
subscribers; that it is published at regular intervals." (Basa v.
Mercado, 61 Phil. 632). The newspaper need not have the largest
circulation so long as it is of general circulation. (Banta v. Pacheco,
74 Phil. 67).
ADMINISTRATIVE CODE
SECTION 18. When Laws Take Effect. Laws shall take effect after
fifteen (15) days following the completion of their publication in
the Official Gazette or in a newspaper of general circulation, unless
it is otherwise provided.||| ( Administrative Code of 1987,
EXECUTIVE ORDER NO. 292 , [July 25, 1987])
CHAPTER 6
Official Gazette
SECTION 24. Contents. There shall be published in
the Official Gazette all legislative acts and resolutions of a public
nature; all executive andadministrative issuances of general
application; decisions or abstracts of decisions of the Supreme
Court and the Court of Appeals, or other courts of similar rank,
as may be deemed by the said courts of sufficient importance to
be so published; such documents or classes of documents as may
be required so to be published by law; and such documents or
classes of documents as the President shall determine from time
to time to have general application or which he may authorize so
to be published.

||| ( Administrative Code of 1987, EXECUTIVE ORDER NO. 292 ,

[July 25, 1987])
SECTION 2. Definitions. As used in this Book:
(1) "Agency" includes any department, bureau, office,
commission, authority or officer of the National
Government authorized by law or executive order
to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to functions
regulating private right, privileges, occupation or
business; and officials in the exercise of
disciplinary power as provided by law.
(2) "Rule" means any agency statement of general
applicability that implements or interprets a law,
fixes and describes the procedures in, or practice
requirements of, an agency, including its
regulations. The term includes memoranda or
statements concerning the internal administration
or management of an agency not affecting the
rights of, or procedure available to, the public.
(3) "Rate" means any charge to the public for a service
open to all and upon the same terms, including
individual or joint rates, tolls, classifications, or
schedules thereof, as well as commutation,
mileage, kilometerage and other special rates
which shall be imposed by law or regulation to be
observed and followed by any person.

The publication of any law, resolution or other official

documents in the Official Gazette shall be prima facie evidence
of its authority.

(4) "Rule making" means an agency process for the

formulation, amendment, or repeal of a rule.

SECTION 25. Editing and Publications. The Official

Gazette shall be edited in the Office of the President and
published weekly in Pilipino or in the English language. It shall
be sold and distributed by the National Printing Office which
shall promptly mail copies thereof to subscribers free of postage.

(5) "Contested case" means any proceeding, including

licensing, in which the legal rights, duties or
privileges asserted by specific parties as required
by the Constitution or by law are to be
determined after hearing.

(6) "Person" includes an individual, partnership,

corporation, association, public or private
organization of any character other than an
agency.
(7) "Party" includes a person or agency named or
admitted as a party, or properly seeking and
entitled as of right to be admitted as a party, in
any agency proceeding; but nothing herein shall
be construed to prevent an agency from
admitting any person or agency as a party for
limited purposes.
(8) "Decision" means the whole or any part of the final
disposition, not of an interlocutory character,
whether affirmative, negative, or injunctive in
form, of an agency in any matter, including
licensing, rate fixing and granting of rights and
privileges.

charges or fees; the revocation or suspension of

license; or the taking of other compulsory or
restrictive action.
(13) "Relief" includes the whole or part of any grant of
money, assistance, license, authority, privilege,
exemption, exception, or remedy; recognition of
any claim, right, immunity, privilege, exemption
or exception; or taking of any action upon the
application or petition of any person.
(14) "Agency proceeding" means any agency process
with respect to rule-making, adjudication and
licensing.
(15) "Agency action" includes the whole or part of every
agency rule, order, license, sanction, relief or its
equivalent or denial thereof.
CHAPTER 2

(9) "Adjudication" means an agency process for the

formulation of a final order.

Rules and Regulations

(10) "License" includes the whole or any part of any

agency permit, certificate, passport, clearance,
approval, registration, charter, membership,
statutory exemption or other form of permission,
or regulation of the exercise of a right or
privilege.

SECTION 3. Filing. (1) Every agency shall file with the

University of the Philippines Law Center three (3) certified
copies of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within three (3)
months from that date shall not thereafter be the basis of any
sanction against any party or persons.

(11) "Licensing" includes agency process involving the

grant, renewal, denial, revocation, suspension,
annulment, withdrawal, limitation, amendment,
modification or conditioning of a license.

(2) The records officer of the agency, or his equivalent

functionary, shall carry out the requirements of this section
under pain of disciplinary action.

(12) "Sanction" includes the whole or part of a

prohibition, limitation or other condition affecting
the liberty of any person; the withholding of
relief; the imposition of penalty or fine; the
destruction, taking, seizure or withholding of
property; the assessment of damages,
reimbursement, restitution, compensation, cost,

(3) A permanent register of all rules shall be kept by the

issuing agency and shall be open to public inspection.
SECTION 4. Effectivity. In addition to other rulemaking requirements provided by law not inconsistent with this
Book, each rule shall become effective fifteen (15) days from the
date of filing as above provided unless a different date is fixed by
law, or specified in the rule in cases of imminent danger to
public health, safety and welfare, the existence of which must be

expressed in a statement accompanying the rule. The agency

shall take appropriate measures to make emergency rules
known to persons who may be affected by them.
SECTION 5. Publication and Recording.
University of the Philippines Law Center shall:

The

(1) Publish a quarterly bulletin setting forth the text

of rules filed with it during the preceding
quarter; and
(2) Keep an up-to-date codification of all rules thus
published and remaining in effect, together
with a complete index and appropriate
tables.
SECTION 6. Omission of Some Rules. (1) The
University of the Philippines Law Center may omit from the
bulletin or the codification any rule if its publication would be
unduly cumbersome, expensive or otherwise inexpedient, but
copies of that rule shall be made available on application to the
agency which adopted it, and the bulletin shall contain a notice
stating the general subject matter of the omitted rule and new
copies thereof may be obtained.
(2) Every rule establishing an offense or defining an act
which, pursuant to law is punishable as a crime or subject to a
penalty shall in all cases be published in full text.
SECTION 7. Distribution of Bulletin and Codified Rules.
The University of the Philippines Law Center shall furnish one
(1) free copy each of every issue of the bulletin and of the
codified rules or supplements to the Office of the President,
Congress, all appellate courts and the National Library. The
bulletin and the codified rules shall be made available free of
charge to such public officers or agencies as the Congress may
select, and to other persons at a price sufficient to cover
publication and mailing or distribution costs.
SECTION 8. Judicial Notice. The court shall take
judicial notice of the certified copy of each rule duly filed or as
published in the bulletin or the codified rules.

SECTION 9. Public Participation. (1) If not otherwise

required by law, an agency shall, as far as practicable, publish or
circulate notices of proposed rules and afford interested parties
the opportunity to submit their views prior to the adoption of
any rule.
(2) In the fixing of rates, no rule or final order shall be
valid unless the proposed rates shall have been published in a
newspaper of general circulation at least two (2) weeks before
the first hearing thereon.
(3) In case of opposition, the rules on contested cases
shall be observed.
||| ( Administrative Code of 1987, EXECUTIVE ORDER NO. 292 ,
[July 25, 1987])

SECTION 31. Legal Periods. "Year" shall be understood to be

twelve calendar months; "month" of thirty days, unless it refers to a
specific calendar month in which case it shall be computed
according to the number of days the specific month contains; "day,"
to a day of twenty-four hours; and "night," from sunset to
sunrise.||| ( Administrative Code of 1987, EXECUTIVE ORDER NO.
292 , [July 25, 1987])
SECTION 28. Pretermission of Holiday. Where the day, or the last
day, for doing any act required or permitted by law falls on a regular
holiday or special day, the act may be done on the next succeeding
business day.||| ( Administrative Code of 1987, EXECUTIVE ORDER
NO. 292 , [July 25, 1987])
LOCAL GOVERNMENT CODE
SECTION 54. Approval of Ordinances. (a) Every ordinance
enacted
by
the
sangguniang
panlalawigan,
sangguniang
panlungsod, or sangguniang bayan shall be presented to the
provincial governor or city or municipal mayor, as the case may be.
If the local chief executive concerned approves the same, he shall
affix his signature on each and every page thereof; otherwise, he
shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The

sanggunian concerned may override the veto of the local chief

executive by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.
(b) The veto shall be communicated by the local chief executive
concerned to the sanggunian within fifteen (15) days in the case of a
province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had
signed it.
(c) Ordinances enacted by the sangguniang barangay shall, upon
approval by the majority of all its members, be signed by the punong
barangay.
SECTION 55. Veto Power of the Local Chief Executive. (a)
The local chief executive may veto any ordinance of the
sangguniang
panlalawigan,
sangguniang
panlungsod,
or
sangguniang bayan on the ground that it is ultra viresor prejudicial
to the public welfare, stating his reasons therefor in writing.
(b) The local chief executive, except the punong barangay, shall
have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting
a local development plan and public investment program, or an
ordinance directing the payment of money or creating liability. In
such a case, the veto shall not affect the item or items which are not
objected to. The vetoed item or items shall not take effect unless the
sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the
previous year corresponding to those vetoed, if any, shall be deemed
reenacted. cd
(c) The local chief executive may veto an ordinance or resolution
only once. The sanggunian may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby
making the ordinance effective even without the approval of
the local chief executive concerned.
SECTION 56. Review of Component City and Municipal Ordinances
or Resolutions by the Sangguniang Panlalawigan. (a) Within three
(3) days after approval, the secretary to the sangguniang

panlungsod or sangguniang bayan shall forward to the sangguniang

panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public
investment
programs
formulated
by
the local development
councils. cdtai
(b) Within thirty (30) days after the receipt of copies of such
ordinances and resolutions, the sangguniang panlalawigan shall
examine the documents or transmit them to the provincial attorney,
or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall,
within a period of ten (10) days from receipt of the documents,
inform the sangguniang panlalawigan in writing of his comments or
recommendations, which may be considered by the sangguniang
panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang
panlungsod or sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part. The sangguniang
panlalawigan shall enter its action in the minutes and shall advise
the corresponding city or municipal authorities of the action it has
taken. aisa dc
(d) If no action has been taken by the sangguniang panlalawigan
within thirty (30) days after submission of such an ordinance or
resolution, the same shall be presumed consistent with law and
therefore valid.
SECTION 57. Review of Barangay Ordinances by the Sangguniang
Panlungsod or Sangguniang Bayan. (a) Within ten (10) days after
its enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod or
sangguniang bayan concerned for review as to whether the
ordinance is consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the
case may be, fails to take action on barangay ordinances within
thirty (30) days from receipt thereof, the same shall be deemed
approved. casia

(c) If the sangguniang panlungsod or sangguniang bayan, as the

case may be, finds the barangay ordinances inconsistent with law or
city or municipal ordinances, the sanggunian concerned shall,
within thirty (30) days from receipt thereof, return the same with its
comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment, or modification; in which
case, the effectivity of the barangay ordinance is suspended until
such time as the revision called for is effected.
SECTION 58. Enforcement of Disapproved Ordinances or
Resolutions. Any attempt to enforce any ordinance or any
resolution approving the local development plan and public
investment program, after the disapproval thereof, shall be
sufficient ground for the suspension or dismissal of the official or
employee concerned.
SECTION 59. Effectivity of Ordinances or Resolutions. (a) Unless
otherwise stated in the ordinance or the resolution approving
the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the provincial
capitol or city, municipal, or barangay hall, as the case may be, and
in
at
least
two
(2)
other
conspicuous
places
in
the local government unit concerned. cd
(b) The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the
entrance of the provincial capitol and the city, municipal, or
barangay hall in at least two (2) conspicuous places in

the local government unit concerned not later than five (5) days
after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language or dialect
understood
by
the
majority
of
the
people
in
the local government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the purpose,
stating the dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published
in a newspaper of general circulation within the province where
the local legislative body concerned belongs. In the absence of any
newspaper of general circulation within the province, posting of
such ordinances shall be made in all municipalities and cities of the
province where the sanggunian of origin is situated. cda
(d) In the case of highly urbanized and independent component
cities, the main features of the ordinance or resolution duly enacted
or adopted shall, in addition to being posted, be published once in
a local newspaper of general circulation within the city: Provided,
That in the absence thereof the ordinance or resolution shall be
published in any newspaper of general circulation.
||| (Local Government Code of 1991, REPUBLIC ACT NO. 7160
(Amended), [October 10, 1991])